Gastelo

(HC) Sutter v. Gastelo

Good Law
United States District Court, Eastern District of CaliforniaApril 24, 20201:19-cv-01091California808 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRANDON CARL SUTTER, No. 1:19-cv-01091-DAD-SKO (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DENYING

J. GASTELO, Warden, PETITION FOR WRIT OF HABEAS

CORPUS

Respondent. (Doc. No. 18) 16 Petitioner Brandon Carl Sutter is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 13, 2020, the assigned magistrate judge issued findings and recommendations recommending that the pending petition be denied on the merits. (Doc. No. 18.) Specifically, the magistrate judge found that both of the grounds for federal habeas relief asserted in petitioner’s pending petition—(1) that the evidence was insufficient to support his state court conviction; and (2) that his trial counsel rendered ineffective…

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